US · guidance
CMS Pub. 100-16, ch. mc86c17b, § 350.4
Definition of an Employee
An employee is an individual who is actively working for an employer or, since disabled
persons are not usually working, a person whose relationship to an employer is indicative
of employee status. Whether or not such a person is an employee is established by the
facts applicable to the person’s relationship to the employer. The question to be decided
is whether the employer treats a disabled individual who is not working as an employee,
in light of commonly accepted indicators of employee status rather than whether the
person is categorized in any particular way by the employer.
History
(Rev. 4, 10-01-01)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
b0b0bb06a74d645879c0eff043b17b4f9de7b28f473ff8b0960a297cb94dbcff
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